Pillowflex Terms & Conditions

Last updated April 24, 2017

Thank you for visiting the Pillowflex.com Web site (the "Site"). Pillowflex.com ("we," "us," "our") wants you, as a visitor to the Site ("you") to have a positive experience, so we have established the following terms and conditions so that we and you know what to expect from each other. By using the Site you agree to be bound by these Terms of Use. We may make changes to the Site, these Terms of Use, or the policies and conditions that govern the use of the Site at any time. We encourage you to review the Site and these terms periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of these changes.

About our Products

Pillowflex.com reserves the right to refuse orders submitted with incomplete information.

All pricing on Pillowflex.com is valid only on orders placed through the website.

Despite our best efforts, we are not responsible for typographical errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Shipping

Orders normally ship within one to three business days from time of order receipt. Orders can be significantly delayed during the busy holiday season.

Third Party Shipping

Pillowflex.com does not allow 3rd shipping on small parcel items.

Pillowflex.com does allow third party LTL. Note third party LTL shipments are charged $25 surcharge plus $6 per pallet.

Terms of Sales

Your satisfaction is important to us and we realize that there may be circumstances in which you need to exchange an item. Retail exchanges can be handled by contacting pillowflex.com on our contact us page. Customers are responsible for shipping on retail exchanges.

Wholesale returns are accessed a 30% restocking fee.

All returned items must be in original, unflawed condition, unmarked and blimished by the purchaser, and must be received within 30 days of original ship date.

All Sale Items are not returnable.

All sample orders are not returnable.

All customers ordering sample orders must provide a Tax ID number or the order will be rejected.

Unless we are in error, we do not refund shipping costs.

Items returned to us in non-saleable condition will be returned to sender, and no refund will be given.

If your order is deemed returnable, you will receive a refund of your order less shipping charges.

To ensure full credit for your returns, please contact Pillowflex.com Customer Service at 770-463-2346 or info@pillowflex.com before returning merchandise.

Sale Items

Sale items cannot be restocked. Quantities are limited to the inventory listed on a sale item. Please note this stock may be made up of pillows with varying types of material covers, continuous piece of fabric is not guaranteed. Despite our best efforts, the inventory may not be 100% accurate, therefore, we cannot guarantee total item availability.

Coupon codes cannot be applied to sale items. All sale items are not returnable.

Privacy

Please review our Privacy Policy which also governs your use of our Site and the information you provide to us, to understand our practices.

Electronic Communication

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks

Pillowflex.com and "Pillowflex Pillow Form Inserts and Bolsters" are trademarks of Pillowflex.com. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.

Your Account Obligations

In consideration of your use of the Site, you agree to: (1) provide true, accurate, current and complete information about yourself and or your business as prompted by the checkout form for your account information (the "Account Information"); and (2) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site. Account Information and certain other information about you are subject to our Privacy Policy. For more information, please see our full privacy policy by clicking here.

You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

Site Content

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, including trademarks, without obtaining permission of the owner of the copyright or other proprietary right. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information: info@pillowflex.com

Limitations of Liability

THE SITE IS PROVIDED ON AN "AS IS" BASIS, AND Pillowflex.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE PRODUCTS SOLD ON THE SITE. Pillowflex.com HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SITE AND THE PRODUCTS OFFERED FOR SALE ON THE SITE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF THE SITE;(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND MERCHANDISE AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Our Rights

We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.

Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products in such a way as to compete with Pillowflex.com retail items. In addition, we reserve the right to limit quantities of items purchased by each customer, cancel any order or part of an order, or refuse service to anyone for any reason. We also reserve the right to change the terms of any offer or promotion at any time without notice. We do NOT charge your credit card until after your order has entered the shipping process. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.

Links to Third Party Sites

Occasionally, we may make available a link to a third party's web site. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

Submission of Comments and Suggestions

We are pleased to hear from our customers and welcome your comments regarding our products and the Site. You submit comments, suggestions, concerns or other material ("Submissions") to us via email at info@pillowflex.com. While you may omit your name from or use a "nickname" in your Submission, you may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. By posting or sending us any Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us against all claims and liabilities resulting from your Submission. We do not take any responsibility and assume no liability for any Submission posted by you or any other person or entity.

Applicable Laws

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content shall be governed by the internal laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Springfield, Massachusetts for any disputes or controversies arising out of or related to these Terms of Use or your use of the Site.

Taxes

We collect sales tax in the State of Georgia for all retail sales. Wholesale customers in the State of Georgia that have not provided us with a Tax ID Number will be charged sales tax or we may elect to cancel the order. We will add the cost of any applicable taxes on to your order from us.

Miscellaneous

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legally binding effect.